Website in a Day Terms of Service

Effective Date: 16th November 2024
Service Provided By: Cariad Creative
Contact Email: katrina@cariadcreative.com

1. Service Overview

The Website in a Day service provides businesses with a professional, branded website built on a pre-selected and optimised WordPress template. Clients can choose between two options:

Option A: Service-Based Website

An 8-page custom branded website, including:

Home
About
Services (up to 2 pages)
Blog
Contact
Privacy Policy
Terms and Conditions

Option B: E-Commerce Website

A 7-page custom branded website using WooCommerce, including:

Home
About
WooCommerce set-up (online shop)
Connection to one payment gateway (e.g., Stripe)
Upload of two main products for layout purposes
Shop/Product Page
Privacy Policy
Terms and Conditions

Included in Both Options:

One year of UK-based website hosting provided by Digital Dragons IT Limited.
WordPress website built using the Divi theme (worth $250), with ongoing access to Divi updates while hosted with us.
Pre-recorded training on:

Writing website copy.
Managing a Divi website.

Installation of recommended plugins for:

Website security.
Basic SEO (e.g., image optimisation, mobile responsiveness, headers).

Migration support if moving from another platform, (e.g., Wix, Squarespace, Shopify) or from another WordPress website.

Important Notes on Migration:

Once the migration begins, you will no longer have access to your current website or its content. Ensure you have saved any necessary text, images, and screenshots beforehand.
Information about any email accounts attached to your domain must be provided prior to migration to avoid disruption. Cariad Creative is not responsible for lost emails due to incomplete information.

2. Customer Obligations

To ensure the success of the Website in a Day service, the Customer agrees to:

Provide all required materials (e.g., copy, branding, images) by the specified deadline (48 hours before the booking date).
Use the Markup.io tool provided to suggest amendments during the review phase.
Submit amendments within 24 hours of receiving the draft website. Amendments must be limited to changes in:

Copy.
Images.
Basic design elements.

Sign off on the final version using the sign-off form or confirm approval in writing.

Post-Sign-Off:

Once the website is signed off, any additional changes or fixes (e.g., responsive design issues, display errors) will incur additional fees charged at the Supplier’s standard rate.
The Customer is responsible for ensuring any feedback during the review period is comprehensive.

3. Performance Standards and Warranty

The Supplier warrants that the Services will be provided with reasonable care and skill, in accordance with the Supply of Goods and Services Act 1982.
The Customer acknowledges that the website will be built using a pre-selected template and is not a fully bespoke design. This limitation is reflected in the price.
The Supplier is not responsible for aesthetic or stylistic preferences beyond the scope of the agreed brief.
Functional issues (e.g., errors, broken links) identified during the review phase will be resolved at no additional cost.

Payment and Pricing

The total price for the Website in a Day service is £899. From time to time, promotional discounts may apply, such as £600 during Black Friday deals or other specified periods. The applicable price at the time of booking will be clearly communicated.
The fee is payable in full at the time of booking and is non-refundable. However, the fee may be transferred to a rescheduled date if the Customer provides at least 24 hours’ notice before the original booking date. Rescheduling without notice may result in forfeiture of the payment.
Prices exclude VAT, as the Supplier is not VAT-registered.
Additional services outside the scope of this agreement (e.g., custom coding, bespoke design, or extra plugin installation) will be quoted and charged separately.

5. Cancellation and Rescheduling

Supplier-Initiated Changes:
If the Supplier is unable to deliver the service due to unforeseen circumstances, the Customer will first be offered a rescheduled date. If rescheduling is not possible, a full refund will be provided.
Customer-Initiated Changes:
Rescheduling requests must be made at least 24 hours in advance. A £100 rescheduling fee may apply.

6. Intellectual Property Rights

Upon full payment, the Customer will own the website content and design.
The Customer acknowledges that the website utilises the Divi theme and ongoing updates or access to Divi features require a valid license. If hosting is transferred, the Customer will need to purchase and maintain their own Divi license.
The Supplier reserves the right to use the completed website for marketing and portfolio purposes, excluding any content deemed confidential by the Customer.

7. Testing and Delivery

The website will be accessible online during the review phase.
The Supplier will perform basic testing to ensure functionality and responsiveness on mobile and desktop devices.
The Customer is responsible for raising any issues during the review phase. Issues identified after sign-off will be addressed at additional cost.
The website will be compatible with current versions of major browsers (e.g., Chrome, Firefox, Safari). The Supplier cannot guarantee compatibility with older browsers or unsupported devices.

8. Limitation of Liability and Disclaimer

The Supplier is not liable for:

Loss of profit or revenue.
Third-party software issues (e.g., plugin failures).
SEO performance or rankings, as these depend on external factors.

Total liability is capped at the value of the contract (£600).
The Supplier cannot guarantee specific outcomes such as first-page rankings on search engines.

9. Force Majeure

Neither party shall be liable for delays or non-performance caused by events beyond their reasonable control, including but not limited to natural disasters, internet outages, or government restrictions. In such cases:

The affected party will notify the other promptly.
Services will resume as soon as possible.
If the delay exceeds 30 days, either party may terminate the agreement with written notice.

10. Data Protection

The Supplier will process personal data in compliance with the UK GDPR and the Data Protection Act 2018.
Personal data will be used solely for the purposes of delivering the Services.
The Supplier uses third-party hosting services (Digital Dragons IT Limited), which complies with UK data protection laws.

11. Governing Law and Dispute Resolution

This Agreement is governed by the laws of England and Wales.
Any disputes will be resolved through negotiation. If resolution is not possible, disputes may be referred to mediation or the Small Claims Court of England and Wales.

12. Independent Contractor

The Supplier is an independent contractor and not an employee, partner, or agent of the Customer. Nothing in this Agreement shall create any relationship of employment, partnership, or joint venture between the parties.

13. Confidentiality

Both parties agree to treat as confidential all information and materials provided under this Agreement, including but not limited to business strategies, content, and proprietary data. This clause shall remain in effect for five years after the termination of this Agreement.

14. Responsibility for Domains and Emails

Domain registration and email setup are not included in the Website in a Day service.
The Customer is responsible for ensuring that domain details and email configurations are accurate and functional prior to the scheduled project date.

15. Customer Delays and Consequences

If the Customer causes delays to the agreed project schedule (e.g., by failing to provide required information or materials), the Supplier reserves the right to:

Reschedule the project at the next available date, subject to a £100 rescheduling fee; or
Terminate the Agreement and retain the booking fee as compensation for time and resources allocated.